RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01517

	COUNSEL: NONE

 	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge Under Honorable Conditions (General) be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He does not believe there was any misconduct.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

On 25 May 89, the applicant was given non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for failing to go to his appointed place of duty, in violation of Article 86.  He was sentenced to 45 days extra duty and a suspended reduction to the grade of airman.

On 23 Jun 89, the applicant was given non-judicial punishment under Article 15 of the UCMJ, for failing to go to his appointed place of duty, in violation of Article 86.  He was sentenced to 30 days of correctional custody and forfeiture of $50 per month for two months.

On 14 Mar 90, the applicant was given non-judicial punishment under Article 15 of the UCMJ, for failing to go to his appointed place of duty at the prescribed time, in violation of Article 86.  He was sentenced to 35 days extra duty, a suspended reduction to the grade of airman basic, and forfeiture of $50 per month for two months. 

On 4 Apr 90, the applicant received an Under Honorable Conditions (General) discharge.

On 10 Oct 17, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01517 in Executive Session on 19 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC, dated 10 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.